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VIRGINIA DEPARTMENT OF SOCIAL SERVICES ENERGY ASSISTANCE

11/14 VOLUME IX, CHAPTER E, PAGE 1

1. FRAUD

a. Fraud is defined as a material representation relating to a past or an existing fact which is: false; made with knowledge of its falsity; or in reckless disregard of the truth.

Section 63.2-523 of the Code of Virginia states "Whoever knowingly and with intent to defraud transfers, acquires or uses benefits from the EAP, or possesses benefits from such Energy Assistance Program in any manner not authorized by law shall be deemed guilty of larceny and, upon conviction thereof, be punished accordingly."

With respect to receipt of Energy Assistance benefits fraud may consist of withholding information which would affect eligibility for Energy Assistance or the amount thereof. Fraud may also include giving false information in order to obtain or use benefits from the EAP. In either case, the criterion is the intent of the action or failure to act. To determine that fraud exists, it must be established that the giving of false information was done with knowledge of its falsity or that the withholding of information which would affect eligibility for assistance or the amount thereof was deliberate, with knowledge of its implications.

b. In relation to fraud, the local department has the following specific responsibilities:

1) The LDSS must ensure and document that a clear and full explanation is given to the client of the eligibility requirements for the type of assistance he is requesting or receiving; of his responsibility to give complete and accurate information related to his eligibility; and of the provisions of the law with respect to giving false information knowingly or deliberately withholding information which would affect his eligibility for assistance or the amount thereof. The worker must explain fully to the recipient what types of changes in his or her circumstances would affect his or her eligibility. The client has the responsibility to report any of these changes within five days of occurrence.

2) When an applicant or recipient of Energy Assistance provides incorrect information or withholds information which would affect eligibility for assistance or the amount thereof, or a participating vendor provides incorrect information or withholds information concerning fuel deliveries or services, it is the responsibility of the LDSS director or designee (i.e. fraud investigator) to determine whether or not there is deliberate misrepresentation with intent to defraud, and to assure the methods of investigation do not infringe on the legal rights of person(s) involved and are consistent with the principles recognized as affording due process of law.

The LDSS director or designee has a responsibility to cause a warrant or summons to be issued for every violation of which he/she

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